Senate File 183 H-8050 Amend Senate File 183, as passed by the Senate, as follows: 1 1. Page 9, after line 16 by inserting: 2 < DIVISION III 3 BIDDER QUALIFICATIONS 4 Sec. ___. Section 26.16, Code 2022, is amended to read as 5 follows: 6 26.16 Prequalification requirements prohibited. 7 A governmental entity , other than a county or city as 8 provided in sections 331.341 and 364.4, shall not by ordinance, 9 rule, or any other action relating to contracts for public 10 improvements for which competitive bids are required by this 11 chapter impose any requirement that directly or indirectly 12 restricts potential bidders to any predetermined class of 13 bidders defined by experience on similar projects, size of 14 company, union membership, or any other criteria. However, a 15 governmental entity shall require nonresident bidders to comply 16 with section 73A.21, subsection 4 . 17 Sec. ___. Section 331.341, Code 2022, is amended by adding 18 the following new subsections: 19 NEW SUBSECTION . 6. a. Notwithstanding section 26.16, the 20 board may, before making available a form for bid proposals, 21 plans, and specifications to a prospective bidder, except 22 suppliers and others not intending to submit a direct bid, 23 require the prospective bidder to submit a full and complete 24 sworn statement of qualifications. The statement shall consist 25 of documentation relating to the following: 26 (1) Financial ability to perform. 27 (2) Possession of necessary equipment. 28 (3) Experience in the work prescribed in the public 29 contract, including but not limited to safety record. 30 (4) Other matters that the board may require for the 31 protection and welfare of the public in the performance of a 32 public contract, including but not limited to the following: 33 (a) Background checks. 34 (b) Third-party drug testing. 35 -1- SF 183.3303 (2) 89 jda/rn 1/ 3 #1.

(c) Accredited apprenticeship. 1 (d) Continuing education. 2 (e) Training pursuant to section 88.16. 3 (f) Applicable licensing. 4 b. The statement shall be in writing on a standard form 5 adopted and furnished by the board. The statement shall be 6 received not less than five days prior to the time set for 7 the opening of bids. The contents of the statement shall 8 be confidential and may not be disclosed except upon the 9 written authorization of the prospective bidder furnishing the 10 statement, for necessary use by the board in qualifying the 11 prospective bidder, or in cases of actions by or against the 12 prospective bidder or the board. The board shall evaluate 13 the statement and shall find the prospective bidder either 14 qualified or unqualified. 15 NEW SUBSECTION . 7. A bid shall not be accepted from a 16 prospective bidder who has not submitted the statement as 17 provided in subsection 6, provided that any prospective bidder 18 who has previously submitted a statement to the satisfaction of 19 the board may be exempt from resubmitting the statement if so 20 determined by the board. 21 Sec. ___. Section 364.4, Code 2022, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 6. a. (1) Before making available a form 24 for bid proposals, plans, and specifications to a prospective 25 bidder, except suppliers and others not intending to submit a 26 direct bid, require the prospective bidder to submit a full and 27 complete sworn statement of qualifications, notwithstanding 28 section 26.16. The statement shall consist of documentation 29 relating to the following: 30 (a) Financial ability to perform. 31 (b) Possession of necessary equipment. 32 (c) Experience in the work prescribed in the public 33 contract, including but not limited to safety record. 34 (d) Other matters that the city may require for the 35 -2- SF 183.3303 (2) 89 jda/rn 2/ 3

protection and welfare of the public in the performance of a 1 public contract, including but not limited to the following: 2 (i) Background checks. 3 (ii) Third-party drug testing. 4 (iii) Accredited apprenticeship. 5 (iv) Continuing education. 6 (v) Training pursuant to section 88.16. 7 (vi) Applicable licensing. 8 (2) The statement shall be in writing on a standard form 9 adopted and furnished by the city. The statement shall be 10 received not less than five days prior to the time set for 11 the opening of bids. The contents of the statement shall 12 be confidential and may not be disclosed except upon the 13 written authorization of the prospective bidder furnishing 14 the statement, for necessary use by the city in qualifying 15 the prospective bidder, or in cases of actions by or against 16 the prospective bidder or the city. The city shall properly 17 evaluate the statement and shall find the prospective bidder 18 either qualified or unqualified. 19 b. A bid shall not be accepted from a prospective bidder 20 who has not submitted the statement as provided in paragraph 21 “a” , provided that any prospective bidder who has submitted a 22 statement to the satisfaction of the city may be exempt from 23 resubmitting the statement if so determined by the city. > 24 2. Title page, line 1, after < An Act > by inserting 25 < concerning public construction bidding, relating to bidder 26 qualifications and > 27 3. By renumbering as necessary. 28 ______________________________ GJERDE of Linn -3- SF 183.3303 (2) 89 jda/rn 3/ 3 #2. #3.